| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1195* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1195 | |
| 11 | 8 | L5 5lr0884 | |
| 12 | 9 | ||
| 13 | 10 | By: Montgomery County Delegation and Prince George’s County Delegation | |
| 14 | 11 | Introduced and read first time: February 6, 2025 | |
| 15 | 12 | Assigned to: Environment and Transportation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 5, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Washington Suburban Sanitary Commission – Membership, Transparency 2 | |
| 25 | - | ||
| 26 | - | (WSSC Transparency and Reform | |
| 18 | + | Washington Suburban Sanitary Commission – Membership, Transparency, 2 | |
| 19 | + | Billing, and Planning 3 | |
| 20 | + | (WSSC Transparency and Reform Act of 202 5) 4 | |
| 27 | 21 | ||
| 28 | 22 | MC/PG 105–25 5 | |
| 29 | 23 | ||
| 30 | 24 | FOR the purpose of requiring one of the commissioners from Montgomery County on the 6 | |
| 31 | 25 | Washington Suburban Sanitary Commission to be the Director of the Montgomery 7 | |
| 32 | 26 | County Department of Environmental Protection or the Director’s designee; 8 | |
| 33 | 27 | requiring the Commission to develop certain long–range planning scenarios on a 9 | |
| 34 | 28 | periodic basis; requiring the Commission to include certain information related to 10 | |
| 35 | 29 | the Commission on the Commission’s searchable website; prohibiting the 11 | |
| 36 | 30 | Commission from limiting how frequently certain customers may receive a certain 12 | |
| 37 | 31 | billing adjustment; altering the authorized billing frequency for certain charges; 13 | |
| 38 | 32 | requiring the Commission to appoint a representative to a certain coordinating 14 | |
| 39 | 33 | committee; requiring the Office of Program Evaluation and Government 15 | |
| 40 | 34 | Accountability in the Department of Legislative Services to conduct a certain review 16 | |
| 41 | - | of the efficiency and sustainability of the Commission’s operations requiring the 17 | |
| 42 | - | Commission to submit a certain long–range comprehensive financial plan in a 18 | |
| 43 | - | certain manner; requiring the Commission to publish and include certain 19 | |
| 44 | - | information on its website; requiring the budget authorization for the Office of the 20 | |
| 45 | - | Inspector General in the Commission to be approved independently and without the 21 | |
| 46 | - | involvement of Commission staff; requiring the Office to undergo a certain external, 22 | |
| 47 | - | independent peer review of the Office’s quality control system with a certain 23 | |
| 48 | - | frequency; requiring the Commission to report in a certain manner certain 24 2 HOUSE BILL 1195 | |
| 35 | + | of the efficiency and sustainability of the Commission’s operations; and generally 17 | |
| 36 | + | relating to the Washington Suburban Sanitary Commission. 18 | |
| 49 | 37 | ||
| 38 | + | BY repealing and reenacting, with amendments, 19 | |
| 39 | + | Article – Public Utilities 20 | |
| 40 | + | Section 17–102, 17–107, 17–401, and 25–504(a) and (b) 21 | |
| 41 | + | Annotated Code of Maryland 22 | |
| 42 | + | (2020 Replacement Volume and 2024 Supplement) 23 | |
| 50 | 43 | ||
| 51 | - | information relating to bills exceeding certain limits for high bill adjustments; 1 | |
| 52 | - | requiring the Commission to report to the General Assembly on certain procedural 2 | |
| 53 | - | changes to enhance the customer engagement process for certain customers and to 3 | |
| 54 | - | include information relating to the changes in customer notification letters; 4 | |
| 55 | - | requiring the Commission to work with the State Department of Assessments and 5 | |
| 56 | - | Taxation and, as necessary, other stakeholders to assess certain ad valorem taxes; 6 | |
| 57 | - | requiring the Commission to hire a consultant to conduct, in consultation with the 7 | |
| 58 | - | Department of Legislative Services, a certain independent evaluation; requiring the 8 | |
| 59 | - | Office to conduct a certain review of the efficiency and sustainability of the 9 | |
| 60 | - | operations of the Commission and the Department of Legislative Services to conduct 10 | |
| 61 | - | a review of the review; and generally relating to the Washington Suburban Sanitary 11 | |
| 62 | - | Commission. 12 | |
| 63 | - | ||
| 64 | - | BY repealing and reenacting, with amendments, 13 | |
| 65 | - | Article – Public Utilities 14 | |
| 66 | - | Section 17–102, 17–107, 17–401, and 25–504(a) and (b) 17–607, and 25–504(b) 15 | |
| 67 | - | Annotated Code of Maryland 16 | |
| 68 | - | (2020 Replacement Volume and 2024 Supplement) 17 | |
| 69 | - | ||
| 70 | - | BY adding to 18 | |
| 71 | - | Article – Public Utilities 19 | |
| 72 | - | Section 17–202.1 and 28–102, 17–610, and 25–504(h) 20 | |
| 73 | - | Annotated Code of Maryland 21 | |
| 74 | - | (2020 Replacement Volume and 2024 Supplement) 22 | |
| 75 | - | ||
| 76 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 77 | - | That the Laws of Maryland read as follows: 24 | |
| 78 | - | ||
| 44 | + | BY adding to 24 | |
| 79 | 45 | Article – Public Utilities 25 | |
| 80 | - | ||
| 81 | - | 17–102. 26 | |
| 82 | - | ||
| 83 | - | (a) The Commission consists of: 27 | |
| 84 | - | ||
| 85 | - | (1) three commissioners from Prince George’s County, appointed by the 28 | |
| 86 | - | County Executive subject to the confirmation of the County Council; and 29 | |
| 87 | - | ||
| 88 | - | (2) three commissioners from Montgomery County, OF WHOM: 30 | |
| 89 | - | ||
| 90 | - | (I) TWO ARE appointed by the County Executive subject to the 31 | |
| 91 | - | confirmation of the County Council; AND 32 | |
| 92 | - | ||
| 93 | - | (II) ONE IS THE DIRECTOR OF THE MONTGOMERY COUNTY 33 | |
| 94 | - | DEPARTMENT OF ENVIRONMENTAL PROTECTION, OR THE DIRECTOR’S DESIGNEE. 34 | |
| 95 | - | ||
| 96 | - | (b) (1) Each commissioner from Prince George’s County shall be a resident of 35 | |
| 97 | - | the sanitary district. 36 HOUSE BILL 1195 3 | |
| 46 | + | Section 17–202.1 and 28–102 26 | |
| 47 | + | Annotated Code of Maryland 27 | |
| 48 | + | (2020 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 1195 | |
| 98 | 49 | ||
| 99 | 50 | ||
| 100 | 51 | ||
| 101 | - | (2) (i) Each EXCEPT FOR THE COMMIS SIONER WHO ALSO SERV ES 1 | |
| 102 | - | AS THE DIRECTOR OF THE MONTGOMERY COUNTY DEPARTMENT OF 2 | |
| 103 | - | ENVIRONMENTAL PROTECTION, OR IS THE DIRECTOR’S DESIGNEE , EACH 3 | |
| 104 | - | commissioner from Montgomery County shall be a registered voter of Montgomery County. 4 | |
| 52 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 53 | + | That the Laws of Maryland read as follows: 2 | |
| 105 | 54 | ||
| 106 | - | (ii) Each commissioner from Prince George’s County shall be a 5 | |
| 107 | - | registered voter of Prince George’s County. 6 | |
| 55 | + | Article – Public Utilities 3 | |
| 108 | 56 | ||
| 109 | - | (c) (1) [An] EXCEPT AS PROVIDED IN SUBSECTION (A)(2)(II) OF THIS 7 | |
| 110 | - | SECTION, AN individual may not be appointed or continue in office as a commissioner if 8 | |
| 111 | - | the individual holds any other position of profit or trust under the Constitution or laws of 9 | |
| 112 | - | the State or any political subdivision of the State. 10 | |
| 57 | + | 17–102. 4 | |
| 113 | 58 | ||
| 114 | - | (2) Not more than two commissioners from Montgomery County may be of 11 | |
| 115 | - | the same political party. 12 | |
| 59 | + | (a) The Commission consists of: 5 | |
| 116 | 60 | ||
| 117 | - | (d) (1) THIS SUBSECTION DOES NOT APPLY TO THE COM MISSIONER WHO 13 | |
| 118 | - | ALSO SERVES AS THE DIRECTOR OF THE MONTGOMERY COUNTY DEPARTMENT OF 14 | |
| 119 | - | ENVIRONMENTAL PROTECTION, OR THE DIRECTOR’S DESIGNEE. 15 | |
| 61 | + | (1) three commissioners from Prince George’s County, appointed by the 6 | |
| 62 | + | County Executive subject to the confirmation of the County Council; and 7 | |
| 120 | 63 | ||
| 121 | - | (2) The term of a commissioner is 4 years and begins on June 1 of the year 16 | |
| 122 | - | of appointment. 17 | |
| 64 | + | (2) three commissioners from Montgomery County, OF WHOM: 8 | |
| 123 | 65 | ||
| 124 | - | ( | |
| 125 | - | ||
| 66 | + | (I) TWO ARE appointed by the County Executive subject to the 9 | |
| 67 | + | confirmation of the County Council; AND 10 | |
| 126 | 68 | ||
| 127 | - | ( | |
| 128 | - | ||
| 69 | + | (II) ONE IS THE DIRECTOR OF THE MONTGOMERY COUNTY 11 | |
| 70 | + | DEPARTMENT OF ENVIRONMENTAL PROTECTION, OR THE DIRECTOR’S DESIGNEE. 12 | |
| 129 | 71 | ||
| 130 | - | ( | |
| 131 | - | ||
| 72 | + | (b) (1) Each commissioner from Prince George’s County shall be a resident of 13 | |
| 73 | + | the sanitary district. 14 | |
| 132 | 74 | ||
| 133 | - | ( | |
| 134 | - | ||
| 75 | + | (2) (i) Each commissioner from Montgomery County shall be a 15 | |
| 76 | + | registered voter of Montgomery County. 16 | |
| 135 | 77 | ||
| 136 | - | (F) A MEMBER OF THE COMMISSION WHO ALSO S ERVES AS THE DIRECTOR 26 | |
| 137 | - | OF THE MONTGOMERY COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION, 27 | |
| 138 | - | OR IS THE DIRECTOR’S DESIGNEE: 28 | |
| 78 | + | (ii) Each commissioner from Prince George’s County shall be a 17 | |
| 79 | + | registered voter of Prince George’s County. 18 | |
| 139 | 80 | ||
| 140 | - | (1) SERVES AS A VOTING M EMBER OF THE COMMISSION; AND 29 | |
| 81 | + | (c) (1) [An] EXCEPT AS PROVIDED IN SUBSECTION (A)(2)(II) OF THIS 19 | |
| 82 | + | SECTION, AN individual may not be appointed or continue in office as a commissioner if 20 | |
| 83 | + | the individual holds any other position of profit or trust under the Constitution or laws of 21 | |
| 84 | + | the State or any political subdivision of the State. 22 | |
| 141 | 85 | ||
| 142 | - | (2) MAY SERVE AS THE CHA IR OR VICE CHAIR OF T HE COMMISSION. 30 | |
| 86 | + | (2) Not more than two commissioners from Montgomery County may be of 23 | |
| 87 | + | the same political party. 24 | |
| 143 | 88 | ||
| 144 | - | 17–107. 31 4 HOUSE BILL 1195 | |
| 89 | + | (d) (1) The term of a commissioner is 4 years and begins on June 1 of the year 25 | |
| 90 | + | of appointment. 26 | |
| 91 | + | ||
| 92 | + | (2) The terms of commissioners are staggered as required by the terms 27 | |
| 93 | + | provided for commissioners on July 1, 1982. 28 | |
| 94 | + | ||
| 95 | + | (3) At the end of a term, a commissioner continues to serve until a successor 29 | |
| 96 | + | is appointed and takes the oath of office. 30 HOUSE BILL 1195 3 | |
| 145 | 97 | ||
| 146 | 98 | ||
| 147 | 99 | ||
| 148 | - | ( | |
| 149 | - | THE | |
| 100 | + | (4) A commissioner who is appointed after a term has begun serves only for 1 | |
| 101 | + | the rest of the term and until a successor is appointed and takes the oath of office. 2 | |
| 150 | 102 | ||
| 151 | - | (i) chair $13,500; 3 | |
| 103 | + | (5) A vacancy on the Commission does not impair the right of the 3 | |
| 104 | + | remaining commissioners to exercise all the powers of the Commission. 4 | |
| 152 | 105 | ||
| 153 | - | ||
| 106 | + | 17–107. 5 | |
| 154 | 107 | ||
| 155 | - | (iii) commissioners $13,000. 5 | |
| 108 | + | (a) (1) [The] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, 6 | |
| 109 | + | THE members of the Commission are entitled to the following annual salaries: 7 | |
| 156 | 110 | ||
| 157 | - | ( | |
| 111 | + | (i) chair .................................................................................. $13,500; 8 | |
| 158 | 112 | ||
| 159 | - | (b) While in office, commissioners may participate in any Commission program of 7 | |
| 160 | - | group health, life, and disability insurance to the same extent and under the same terms 8 | |
| 161 | - | as Commission staff. 9 | |
| 113 | + | (ii) vice chair ................................................................... $13,000; and 9 | |
| 162 | 114 | ||
| 163 | - | (c) The Commission may employ a staff in accordance with the Commission’s 10 | |
| 164 | - | budget. 11 | |
| 115 | + | (iii) commissioners .................................................................. $13,000. 10 | |
| 165 | 116 | ||
| 166 | - | (D) A MEMBER OF THE COMMISSION WHO ALSO S ERVES AS THE DIRECTOR 12 | |
| 167 | - | OF THE MONTGOMERY COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION 13 | |
| 168 | - | MAY NOT RECEIVE COMP ENSATION FOR DUTIES PERFO RMED AS A MEMBER OF THE 14 | |
| 169 | - | COMMISSION. 15 | |
| 117 | + | (2) The salary shall be paid every 2 weeks. 11 | |
| 170 | 118 | ||
| 171 | - | 17–202.1. 16 | |
| 119 | + | (b) While in office, commissioners may participate in any Commission program of 12 | |
| 120 | + | group health, life, and disability insurance to the same extent and under the same terms 13 | |
| 121 | + | as Commission staff. 14 | |
| 172 | 122 | ||
| 173 | - | (A) FOR FISCAL YEAR 2026 AND EVERY 5 FISCAL YEARS THEREAF TER, THE 17 | |
| 174 | - | COMMISSION SHALL DEVE LOP LONG–RANGE PLANNING SCENA RIOS FOR ITS 18 | |
| 175 | - | OPERATING AND CAPITA L BUDGETS AND DEBT S ERVICE. 19 | |
| 123 | + | (c) The Commission may employ a staff in accordance with the Commission’s 15 | |
| 124 | + | budget. 16 | |
| 176 | 125 | ||
| 177 | - | (B) THE SCENARIOS SHALL INCL UDE: 20 | |
| 126 | + | (D) A MEMBER OF THE COMMISSION WHO ALSO SERVES AS THE DIRECTOR 17 | |
| 127 | + | OF THE MONTGOMERY COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION 18 | |
| 128 | + | MAY NOT RECEIVE COMP ENSATION FOR DUTIES PERFORMED AS A MEMBE R OF THE 19 | |
| 129 | + | COMMISSION. 20 | |
| 178 | 130 | ||
| 179 | - | (1) PROJECTIONS THAT DO NOT INCLUDE THE AD V ALOREM TAX 21 | |
| 180 | - | AUTHORIZED UNDER § 22–112 OF THIS ARTICLE; 22 | |
| 131 | + | 17–202.1. 21 | |
| 181 | 132 | ||
| 182 | - | (2) PROJECTIONS THAT INC LUDE A RANGE OF AD V ALOREM TAXES ; 23 | |
| 183 | - | AND 24 | |
| 133 | + | (A) FOR FISCAL YEAR 2026 AND EVERY 5 FISCAL YEARS THEREAFTER , THE 22 | |
| 134 | + | COMMISSION SHALL DEVELOP LONG –RANGE PLANNING SCENA RIOS FOR ITS 23 | |
| 135 | + | OPERATING AND CAPITA L BUDGETS AND DEBT SERVICE . 24 | |
| 184 | 136 | ||
| 185 | - | (3) SUBJECT TO SUBSECTIO N (C)(2) OF THIS SECTION , STRESS 25 | |
| 186 | - | TESTING THE IMPACT OF A WIDE RANGE OF ECONOM IC CONDITIONS THAT M AY 26 | |
| 187 | - | AFFECT THE COMMISSION AND ITS FI NANCIAL SOLVENCY , INCLUDING CHANGES IN 27 | |
| 188 | - | EMPLOYMENT RATES , INTEREST RATES , AND WATER USAGE . 28 | |
| 137 | + | (B) THE SCENARIOS SHALL I NCLUDE: 25 | |
| 189 | 138 | ||
| 190 | - | (C) (1) THE COMMISSION MAY CONSUL T WITH INDEPENDENT E XPERTS 29 | |
| 191 | - | IN DEVELOPING LONG –RANGE PLANNING SCENA RIOS UNDER THIS SECT ION. 30 HOUSE BILL 1195 5 | |
| 139 | + | (1) PROJECTIONS THAT DO NOT INCLUDE THE AD VAL OREM TAX 26 | |
| 140 | + | AUTHORIZED UNDER § 22–112 OF THIS ARTICLE; 27 | |
| 141 | + | ||
| 142 | + | (2) PROJECTIONS THAT INC LUDE A RANGE OF AD V ALOREM TAXES ; 28 | |
| 143 | + | AND 29 4 HOUSE BILL 1195 | |
| 192 | 144 | ||
| 193 | 145 | ||
| 194 | 146 | ||
| 195 | - | (2) STRESS TESTING DONE U NDER SUBSECTION (B)(3) OF THIS 1 | |
| 196 | - | SECTION SHALL BE BAS ED ON INDUSTRY STAND ARDS. 2 | |
| 147 | + | (3) SUBJECT TO SUBSECTIO N (C)(2) OF THIS SECTION , STRESS 1 | |
| 148 | + | TESTING THE IMPACT OF A WIDE RANGE OF ECONOMIC CO NDITIONS THAT MAY 2 | |
| 149 | + | AFFECT THE COMMISSION AND ITS FINANCIAL SO LVENCY, INCLUDING CHANGES IN 3 | |
| 150 | + | EMPLOYMENT RATES , INTEREST RATES , AND WATER USAGE . 4 | |
| 197 | 151 | ||
| 198 | - | (A) (1) ON OR BEFORE NOVEMBER 1, 2025, THE COMMISSION SHALL 3 | |
| 199 | - | SUBMIT THE FOLLOWING INFORMATION TO THE COUNTY C OUNCILS OF 4 | |
| 200 | - | MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY AND, IN ACCORDANCE 5 | |
| 201 | - | WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY: 6 | |
| 152 | + | (C) (1) THE COMMISSION MAY CONSUL T WITH INDEPENDENT E XPERTS 5 | |
| 153 | + | IN DEVELOPING LONG –RANGE PLANNING SCENA RIOS UNDER THIS SECTION . 6 | |
| 202 | 154 | ||
| 203 | - | (I) A LONG–RANGE COMPREHENSIVE FINANCIAL PLAN THAT : 7 | |
| 155 | + | (2) STRESS TESTING DONE U NDER SUBSECTION (B)(3) OF THIS 7 | |
| 156 | + | SECTION SHALL BE BAS ED ON INDUSTRY STAND ARDS. 8 | |
| 204 | 157 | ||
| 205 | - | 1. IS DEVELOPED BY THE COMMISSION IN 8 | |
| 206 | - | CONJUNCTION WITH AN INDEPENDENT FINANCIA L ADVISOR; AND 9 | |
| 158 | + | 17–401. 9 | |
| 207 | 159 | ||
| 208 | - | 2. MEETS THE REQUIREMEN TS OF SUBSECTION (B) OF 10 | |
| 209 | - | THIS SECTION; AND 11 | |
| 160 | + | (a) (1) In this section the following words have the meanings indicated. 10 | |
| 210 | 161 | ||
| 211 | - | ( | |
| 212 | - | ||
| 162 | + | (2) (i) “Payee” means a person that receives from the Commission an 11 | |
| 163 | + | aggregate payment of $25,000 in a single fiscal year. 12 | |
| 213 | 164 | ||
| 214 | - | (2) ON OR BEFORE JUNE 1, 2026, AND EVERY 5 YEARS THEREAFTER , 14 | |
| 215 | - | THE COMMISSION SHALL SUBM IT TO THE COUNTY COU NCILS OF MONTGOMERY 15 | |
| 216 | - | COUNTY AND PRINCE GEORGE’S COUNTY AND, IN ACCORDANCE WITH § 2–1257 OF 16 | |
| 217 | - | THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY: 17 | |
| 165 | + | (ii) “Payee” does not include: 13 | |
| 218 | 166 | ||
| 219 | - | | |
| 220 | - | ||
| 167 | + | 1. a Commission employee with respect to the employee’s 14 | |
| 168 | + | compensation; or 15 | |
| 221 | 169 | ||
| 222 | - | | |
| 223 | - | ||
| 170 | + | 2. a Commission retiree with respect to the retiree’s 16 | |
| 171 | + | retirement allowance. 17 | |
| 224 | 172 | ||
| 225 | - | (B) A LONG–RANGE COMPREHENSIVE FINANCIAL PLAN SHALL : 22 | |
| 173 | + | (3) “Searchable website” means a website created in accordance with this 18 | |
| 174 | + | section that displays and searches payment data of the Commission. 19 | |
| 226 | 175 | ||
| 227 | - | ( | |
| 176 | + | (b) The Commission shall: 20 | |
| 228 | 177 | ||
| 229 | - | ( | |
| 230 | - | ||
| 231 | - | ||
| 178 | + | (1) publish annually in at least one newspaper in Montgomery County and 21 | |
| 179 | + | one newspaper in Prince George’s County a copy of the current financial statement of the 22 | |
| 180 | + | Commission; 23 | |
| 232 | 181 | ||
| 233 | - | (C) THE COMMISSION SHALL PUBL ISH THE LONG–RANGE COMPREHENSIVE 27 | |
| 234 | - | FINANCIAL PLAN ON TH E COMMISSION’S WEBSITE ESTABLISHE D UNDER § 17–401 28 | |
| 235 | - | OF THIS TITLE. 29 | |
| 182 | + | (2) employ a certified public accountant licensed to practice in the State to 24 | |
| 183 | + | audit the books and accounts of the Commission; 25 | |
| 236 | 184 | ||
| 237 | - | 17–401. 30 | |
| 185 | + | (3) keep available for public inspection during business hours at its 26 | |
| 186 | + | principal office the annual audit and current financial statement; and 27 | |
| 187 | + | ||
| 188 | + | (4) file annually with the county executives and county councils of 28 | |
| 189 | + | Montgomery County and Prince George’s County, and the Montgomery County and Prince 29 | |
| 190 | + | George’s County Senate and House delegations to the Maryland General Assembly a 30 | |
| 191 | + | certified copy of the annual audit and current financial statement. 31 HOUSE BILL 1195 5 | |
| 192 | + | ||
| 193 | + | ||
| 194 | + | ||
| 195 | + | (c) On or before July 1, 2020, the Commission shall develop and operate a single 1 | |
| 196 | + | searchable website accessible to the public at no cost through the Internet. 2 | |
| 197 | + | ||
| 198 | + | (d) The searchable website shall contain Commission payment data including: 3 | |
| 199 | + | ||
| 200 | + | (1) the name of each payee receiving a payment; 4 | |
| 201 | + | ||
| 202 | + | (2) the location of the payee by postal zip code; and 5 | |
| 203 | + | ||
| 204 | + | (3) the amount of the payment. 6 | |
| 205 | + | ||
| 206 | + | (e) The searchable website shall allow the user to: 7 | |
| 207 | + | ||
| 208 | + | (1) search data for fiscal year 2019 and each fiscal year thereafter; and 8 | |
| 209 | + | ||
| 210 | + | (2) search by the following data fields: 9 | |
| 211 | + | ||
| 212 | + | (i) a payee receiving a payment; and 10 | |
| 213 | + | ||
| 214 | + | (ii) the zip code of a payee receiving a payment. 11 | |
| 215 | + | ||
| 216 | + | (F) THE SEARCHABLE WEBSIT E SHALL CONTAIN ALL BOND RATING 12 | |
| 217 | + | REPORTS ISSUED FOR THE COMMISSION FROM ONE O F THE MAJOR CREDIT R ATING 13 | |
| 218 | + | AGENCIES, INCLUDING: 14 | |
| 219 | + | ||
| 220 | + | (1) A COPY OF ANY AUDITS COMPLETED IN RELATION TO A BON D 15 | |
| 221 | + | RATING REPORT; AND 16 | |
| 222 | + | ||
| 223 | + | (2) A COPY OF ANY FINANCIA L STATEMENTS PROVIDE D IN RELATION 17 | |
| 224 | + | TO A BOND RATING REP ORT. 18 | |
| 225 | + | ||
| 226 | + | (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 19 | |
| 227 | + | SEARCHABLE WEBSITE S HALL CONTAIN DATA RE LATED TO THE REFUND HEARING 20 | |
| 228 | + | BOARD OF THE COMMISSION AND THE DISPUTE RESOLUTION BOARD OF THE 21 | |
| 229 | + | COMMISSION, INCLUDING: 22 | |
| 230 | + | ||
| 231 | + | (I) THE NUMBER OF CASES FILED; 23 | |
| 232 | + | ||
| 233 | + | (II) THE NUMBER OF CASES CLOSED; 24 | |
| 234 | + | ||
| 235 | + | (III) THE NUMBER OF CASES GRANTED; 25 | |
| 236 | + | ||
| 237 | + | (IV) THE NUMBER OF CASES DENIED; 26 | |
| 238 | 238 | 6 HOUSE BILL 1195 | |
| 239 | 239 | ||
| 240 | 240 | ||
| 241 | - | ( | |
| 241 | + | (V) THE REFUND AMOUNT RE QUESTED IN EACH CASE ; AND 1 | |
| 242 | 242 | ||
| 243 | - | (2) (i) “Payee” means a person that receives from the Commission an 2 | |
| 244 | - | aggregate payment of $25,000 in a single fiscal year. 3 | |
| 243 | + | (VI) THE REFUND AMOUNT GR ANTED IN EACH CASE . 2 | |
| 245 | 244 | ||
| 246 | - | (ii) “Payee” does not include: 4 | |
| 245 | + | (2) THE DATA PROVIDED UND ER PARAGRAPH (1) OF THIS 3 | |
| 246 | + | SUBSECTION MAY NOT C ONTAIN ANY PERSONALL Y IDENTIFIABLE INFOR MATION. 4 | |
| 247 | 247 | ||
| 248 | - | 1. a Commission employee with respect to the employee’s 5 | |
| 249 | - | compensation; or 6 | |
| 248 | + | (H) THE SEARCHABLE WEBSIT E SHALL INCLUDE A COPY OF AN Y STRESS 5 | |
| 249 | + | TESTING COMPLETED FOR ANY LONG–RANGE PLANNING SCENA RIOS DEVELOPED IN 6 | |
| 250 | + | ACCORDANCE WITH § 17–202.1 OF THIS TITLE. 7 | |
| 250 | 251 | ||
| 251 | - | | |
| 252 | - | ||
| 252 | + | [(f)] (I) This section may not be construed to require the disclosure of 8 | |
| 253 | + | information that is required to be kept confidential under federal, State, or local law. 9 | |
| 253 | 254 | ||
| 254 | - | (3) “Searchable website” means a website created in accordance with this 9 | |
| 255 | - | section that displays and searches payment data of the Commission. 10 | |
| 255 | + | [(g)] (J) (1) Subject to paragraph (2) of this subsection, the county council or 10 | |
| 256 | + | county executive of Montgomery County or Prince George’s County may, in person or by a 11 | |
| 257 | + | duly authorized agent, audit and examine the books and records of the Commission. 12 | |
| 256 | 258 | ||
| 257 | - | (b) The Commission shall: 11 | |
| 259 | + | (2) The Commission may not be required to pay the cost of the audit or 13 | |
| 260 | + | examination under paragraph (1) of this subsection. 14 | |
| 258 | 261 | ||
| 259 | - | (1) publish annually in at least one newspaper in Montgomery County and 12 | |
| 260 | - | one newspaper in Prince George’s County a copy of the current financial statement of the 13 | |
| 261 | - | Commission; 14 | |
| 262 | + | 25–504. 15 | |
| 262 | 263 | ||
| 263 | - | (2) employ a certified public accountant licensed to practice in the State to 15 | |
| 264 | - | audit the books and accounts of the Commission; 16 | |
| 264 | + | (a) The Commission: 16 | |
| 265 | 265 | ||
| 266 | - | (3) keep available for public inspection during business hours at its 17 | |
| 267 | - | principal office the annual audit and current financial statement; and 18 | |
| 266 | + | (1) may provide for the billing and collection of the water and sewer usage 17 | |
| 267 | + | charges on an estimated basis for periods of 6 months or less, based on the historical daily 18 | |
| 268 | + | average consumption calculated from actual previous usage; 19 | |
| 268 | 269 | ||
| 269 | - | (4) file annually with the county executives and county councils of 19 | |
| 270 | - | Montgomery County and Prince George’s County, and the Montgomery County and Prince 20 | |
| 271 | - | George’s County Senate and House delegations to the Maryland General Assembly a 21 | |
| 272 | - | certified copy of the annual audit and current financial statement. 22 | |
| 270 | + | (2) shall read the meter at least once every 6 months; and 20 | |
| 273 | 271 | ||
| 274 | - | (c) On or before July 1, 2020, the Commission shall develop and operate a single 23 | |
| 275 | - | searchable website accessible to the public at no cost through the Internet. 24 | |
| 272 | + | (3) (i) shall base the final bill for the 6–month period on the actual 21 | |
| 273 | + | consumption adjusted by previous estimates, if the meter had not been read because it was 22 | |
| 274 | + | inaccessible; 23 | |
| 276 | 275 | ||
| 277 | - | (d) The searchable website shall contain Commission payment data including: 25 | |
| 276 | + | (ii) shall base the final bill for the 6–month period on the historical 24 | |
| 277 | + | daily average consumption, calculated from actual previous usage, if a final reading cannot 25 | |
| 278 | + | be made because: 26 | |
| 278 | 279 | ||
| 279 | - | | |
| 280 | + | 1. the meter malfunctioned; 27 | |
| 280 | 281 | ||
| 281 | - | (2) the location of the payee by postal zip code; and 27 | |
| 282 | + | 2. the meter had been taken out of service for repairs, 28 | |
| 283 | + | maintenance, or water system relining purposes; or 29 | |
| 282 | 284 | ||
| 283 | - | (3) the amount of the payment. 28 | |
| 284 | - | ||
| 285 | - | (e) The searchable website shall allow the user to: 29 | |
| 286 | - | ||
| 287 | - | (1) search data for fiscal year 2019 and each fiscal year thereafter; and 30 HOUSE BILL 1195 7 | |
| 285 | + | 3. there was theft of service; 30 | |
| 286 | + | HOUSE BILL 1195 7 | |
| 288 | 287 | ||
| 289 | 288 | ||
| 289 | + | (iii) may modify the historical daily average consumption calculation 1 | |
| 290 | + | based on appropriate evidence submitted by the owner; [and] 2 | |
| 290 | 291 | ||
| 291 | - | (2) search by the following data fields: 1 | |
| 292 | + | (iv) MAY NOT LIMIT HOW FR EQUENTLY A CUSTOMER MAY 3 | |
| 293 | + | RECEIVE AN ADJUSTMEN T UNDER § 3.20.040(A) OR (B) OF THE WASHINGTON 4 | |
| 294 | + | SUBURBAN SANITARY COMMISSION CODE OF REGULATIONS; AND 5 | |
| 292 | 295 | ||
| 293 | - | (i) a payee receiving a payment; and 2 | |
| 296 | + | (V) may not base a final bill on estimated usage for two consecutive 6 | |
| 297 | + | 6–month periods. 7 | |
| 294 | 298 | ||
| 295 | - | (ii) the zip code of a payee receiving a payment. 3 | |
| 299 | + | (b) (1) (I) The Commission shall bill for the amount of water and sewer 8 | |
| 300 | + | usage charges to each property served monthly, every other month, OR four times a year, 9 | |
| 301 | + | [or twice a year,] as the Commission determines. 10 | |
| 296 | 302 | ||
| 297 | - | (F) THE SEARCHABLE WEBSIT E SHALL CONTAIN ALL BOND RATING 4 | |
| 298 | - | REPORTS ISSUED FOR T HE COMMISSION FROM ONE O F THE MAJOR CREDIT R ATING 5 | |
| 299 | - | AGENCIES, INCLUDING: 6 | |
| 303 | + | (II) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE 11 | |
| 304 | + | COMMISSION SHALL BILL ON A MONTHLY BA SIS. 12 | |
| 300 | 305 | ||
| 301 | - | (1) A COPY OF ANY AUDITS COMPLETED IN RELATIO N TO A BOND 7 | |
| 302 | - | RATING REPORT ; AND 8 | |
| 306 | + | (2) On receipt each bill is payable to the Commission. 13 | |
| 303 | 307 | ||
| 304 | - | (2) A COPY OF ANY FINANC IAL STATEMENTS PROVIDED IN RELATION 9 | |
| 305 | - | TO A BOND RATING REP ORT. 10 | |
| 308 | + | 28–102. 14 | |
| 306 | 309 | ||
| 307 | - | (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 11 | |
| 308 | - | SEARCHABLE WEBSITE S HALL CONTAIN DATA RE LATED TO THE REFUND HEARING 12 | |
| 309 | - | BOARD OF THE COMMISSION AND THE DISPUTE RESOLUTION BOARD OF THE 13 | |
| 310 | - | COMMISSION, INCLUDING: 14 | |
| 310 | + | THE COMMISSION SHALL APPO INT A REPRESENTATIVE TO SERVE ON THE 15 | |
| 311 | + | COORDINATING COMMITT EE ESTABLISHED UNDER PART IV OF THE 1984 AVENEL 16 | |
| 312 | + | FARM DEVELOPMENT PLAN MASTER AGREEMENT SIGNED BY T HE COMMISSION. 17 | |
| 311 | 313 | ||
| 312 | - | | |
| 314 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 18 | |
| 313 | 315 | ||
| 314 | - | (II) THE NUMBER OF CASES CLOSED; 16 | |
| 316 | + | (a) The Washington Suburban Sanitary Commission shall study the feasibility of 19 | |
| 317 | + | using differential rates among different customer classes for the Commission’s service rates 20 | |
| 318 | + | and charges, including studying the revenue possibilities of and economic impact on the 21 | |
| 319 | + | different customer classes. 22 | |
| 315 | 320 | ||
| 316 | - | (III) THE NUMBER OF CASES GRANTED; 17 | |
| 321 | + | (b) On or before October 1, 2026, the Commission shall report its findings and 23 | |
| 322 | + | recommendations, including any recommended statutory changes, to the members of the 24 | |
| 323 | + | Montgomery County and Prince George’s County delegations to the General Assembly, in 25 | |
| 324 | + | accordance with § 2–1257 of the State Government Article. 26 | |
| 317 | 325 | ||
| 318 | - | | |
| 326 | + | SECTION 3. AND BE IT FURTHER ENACTED, That : 27 | |
| 319 | 327 | ||
| 320 | - | (V) THE REFUND AMOUNT RE QUESTED IN EACH CASE ; AND 19 | |
| 328 | + | (a) The Office of Program Evaluation and Government Accountability in the 28 | |
| 329 | + | Department of Legislative Services shall conduct a review of the efficiency and 29 | |
| 330 | + | sustainability of the operations of the Washington Suburban Sanitary Commission. 30 | |
| 321 | 331 | ||
| 322 | - | ( | |
| 332 | + | (b) The review conducted under subsection (a) of this section shall include: 31 | |
| 323 | 333 | ||
| 324 | - | (2) THE DATA PROVIDED UND ER PARAGRAPH (1) OF THIS 21 | |
| 325 | - | SUBSECTION MAY NOT C ONTAIN ANY PERSONALL Y IDENTIFIABLE INFOR MATION. 22 | |
| 326 | - | ||
| 327 | - | (H) THE SEARCHABLE WEBSIT E SHALL INCLUDE A CO PY OF ANY STRESS 23 | |
| 328 | - | TESTING COMPLETED FO R ANY LONG–RANGE PLANNING SCE NARIOS DEVELOPED IN 24 | |
| 329 | - | ACCORDANCE WITH § 17–202.1 OF THIS TITLE. 25 | |
| 330 | - | ||
| 331 | - | (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26 | |
| 332 | - | SEARCHABLE WEBSITE S HALL CONTAIN : 27 | |
| 333 | - | 8 HOUSE BILL 1195 | |
| 334 | + | (1) a review of the statutory provisions related to the Commission, 32 8 HOUSE BILL 1195 | |
| 334 | 335 | ||
| 335 | 336 | ||
| 336 | - | (I) ANY DOCUMENTS RELATI NG TO A BOND RATING RECEIVED 1 | |
| 337 | - | FROM A MAJOR CREDIT RATING AGENCY ; 2 | |
| 337 | + | including the Commission’s regulations, policies, and procedures; 1 | |
| 338 | 338 | ||
| 339 | - | ( | |
| 340 | - | ||
| 339 | + | (2) a review of the Commission’s budgetary process, including the annual 2 | |
| 340 | + | setting of rates through the relevant county councils; 3 | |
| 341 | 341 | ||
| 342 | - | | |
| 342 | + | (3) a review of the Commission’s process for entering into consent decrees; 4 | |
| 343 | 343 | ||
| 344 | - | | |
| 344 | + | (4) a review of the subject matter expertise of appointed commissioners; 5 | |
| 345 | 345 | ||
| 346 | - | 3. THE NUMBER OF CASES GRANTED; 7 | |
| 346 | + | (5) benchmarking with other systems across a range of operating cost 6 | |
| 347 | + | metrics related to the efficiency and sustainability of the Commission; 7 | |
| 347 | 348 | ||
| 348 | - | 4. THE NUMBER OF CASES DENIED; 8 | |
| 349 | + | (6) a review of the effectiveness of the Commission’s capital program and 8 | |
| 350 | + | its ability to maintain water and sewer distribution pipelines and processing plants that 9 | |
| 351 | + | meet asset management standards; 10 | |
| 349 | 352 | ||
| 350 | - | 5. THE REFUND AMOUNT RE QUESTED IN EACH CASE; 9 | |
| 351 | - | AND 10 | |
| 353 | + | (7) a study on the Commission’s use of its police force, including: 11 | |
| 352 | 354 | ||
| 353 | - | 6. THE REFUND AMOUNT GR ANTED IN EACH CASE ; 11 | |
| 355 | + | (i) a comparison of the size and scope of the Commission’s police 12 | |
| 356 | + | force with the police force of other utilities; and 13 | |
| 354 | 357 | ||
| 355 | - | ( | |
| 356 | - | ||
| 358 | + | (ii) whether there are more efficient approaches to water utility 14 | |
| 359 | + | security and policing; 15 | |
| 357 | 360 | ||
| 358 | - | 1. THE NUMBER OF CASES FILED; 14 | |
| 361 | + | (8) an analysis on the impact of the Commission not being a government 16 | |
| 362 | + | entity in the context of access to government programs that provide customer water 17 | |
| 363 | + | assistance or other available funding; 18 | |
| 359 | 364 | ||
| 360 | - | 2. THE NUMBER OF CASES CLOSED; 15 | |
| 365 | + | (9) a review of the role the Public Service Commission plays in oversight of 19 | |
| 366 | + | the Commission, including in its review of the reasonableness of any rate, charge, or 20 | |
| 367 | + | assessment done in accordance with § 25–105 of the Public Utilities Article; and 21 | |
| 361 | 368 | ||
| 362 | - | 3. THE NUMBER OF CASES GRANTED; 16 | |
| 369 | + | (10) an analysis of whether the Office of the Inspector General of the 22 | |
| 370 | + | Commission is effective in achieving the purposes of the Office, including: 23 | |
| 363 | 371 | ||
| 364 | - | 4. THE NUMBER OF CASES DENIED; 17 | |
| 372 | + | (i) whether the Office is sufficiently independent of the Commission 24 | |
| 373 | + | and management within the Commission; and 25 | |
| 365 | 374 | ||
| 366 | - | 5. THE UNPAID AMOUNT DI SPUTED IN EACH CASE ; AND 18 | |
| 375 | + | (ii) whether the mandate of the Office should include additional 26 | |
| 376 | + | reviews and reports that would help achieve the purposes of the Office, including reports 27 | |
| 377 | + | on the effectiveness of internal controls over finance, operations, and compliance activities. 28 | |
| 367 | 378 | ||
| 368 | - | 6. THE AMOUNT OF RELIEF GRANTED IN EACH CASE ; 19 | |
| 369 | - | AND 20 | |
| 370 | - | ||
| 371 | - | (IV) A COPY OF ANY STRESS TESTING COMPLETED FO R A 21 | |
| 372 | - | LONG–RANGE COMPREHENSIVE FINANCIAL PLAN DEVEL OPED IN ACCOR DANCE 22 | |
| 373 | - | WITH § 17–202.1 OF THIS TITLE. 23 | |
| 374 | - | ||
| 375 | - | (2) THE DATA PROVIDED UND ER PARAGRAPH (1) OF THIS 24 | |
| 376 | - | SUBSECTION MAY NOT C ONTAIN ANY PERSONALL Y IDENTIFIABLE INFOR MATION. 25 | |
| 377 | - | ||
| 378 | - | [(f)] (I) (G) This section may not be construed to require the disclosure of 26 | |
| 379 | - | information that is required to be kept confidential under federal, State, or local law. 27 | |
| 379 | + | (c) On or before October 1, 2027, the Office of Program Evaluation and 29 | |
| 380 | + | Government Accountability shall report its findings and recommendations to the members 30 | |
| 381 | + | of the Montgomery County and Prince George’s County delegations to the General 31 | |
| 382 | + | Assembly, in accordance with § 2–1257 of the State Government Article. 32 | |
| 380 | 383 | HOUSE BILL 1195 9 | |
| 381 | 384 | ||
| 382 | 385 | ||
| 383 | - | [(g)] (J) (H) (1) Subject to paragraph (2) of this subsection, the county council or 1 | |
| 384 | - | county executive of Montgomery County or Prince George’s County may, in person or by a 2 | |
| 385 | - | duly authorized agent, audit and examine the books and records of the Commission. 3 | |
| 386 | - | ||
| 387 | - | (2) The Commission may not be required to pay the cost of the audit or 4 | |
| 388 | - | examination under paragraph (1) of this subsection. 5 | |
| 389 | - | ||
| 390 | - | 17–607. 6 | |
| 391 | - | ||
| 392 | - | (a) (1) The Commission shall include in the Commission’s annual operating 7 | |
| 393 | - | budget proposal the amounts recommended for the Office. 8 | |
| 394 | - | ||
| 395 | - | (2) THE BUDGET AUTHORIZAT ION FOR THE OFFICE SHALL BE 9 | |
| 396 | - | APPROVED INDEPENDENT LY AND WITHOUT THE I NVOLVEMENT OF COMMISSION 10 | |
| 397 | - | STAFF. 11 | |
| 398 | - | ||
| 399 | - | (b) Subject to budget authorization and adequate funds: 12 | |
| 400 | - | ||
| 401 | - | (1) the Commission’s general counsel shall provide legal services to the 13 | |
| 402 | - | inspector general and may employ special counsel if appropriate or required by law; and 14 | |
| 403 | - | ||
| 404 | - | (2) the inspector general may employ and be represented by a special legal 15 | |
| 405 | - | counsel without consent of the general counsel if the Commission approves of a request 16 | |
| 406 | - | after considering any recommendation or comment offered by the general counsel relating 17 | |
| 407 | - | to the request. 18 | |
| 408 | - | ||
| 409 | - | 17–610. 19 | |
| 410 | - | ||
| 411 | - | (A) (1) ON OR BEFORE JUNE 1, 2026, AND EVERY 3 YEARS THEREAFTER , 20 | |
| 412 | - | THE OFFICE SHALL UNDERGO AN EXTERNAL , INDEPENDENT PEER REV IEW TO 21 | |
| 413 | - | ASSESS WHETHER THE OFFICE’S QUALITY CONTROL SY STEM IS EFFECTIVELY 22 | |
| 414 | - | DESIGNED AND OPERATI NG IN COMPLIANCE WIT H GENERALLY ACCEPTED 23 | |
| 415 | - | GOVERNMENT AUDITING STANDARDS. 24 | |
| 416 | - | ||
| 417 | - | (2) TO THE EX TENT PRACTICABLE , THE INITIAL PEER REV IEW 25 | |
| 418 | - | CONDUCTED IN ACCORDA NCE WITH SUBSECTION (A) OF THIS SECTION SHAL L 26 | |
| 419 | - | INCLUDE: 27 | |
| 420 | - | ||
| 421 | - | (I) A REVIEW OF WHETHER THE OFFICE IS SUFFICIENTL Y 28 | |
| 422 | - | INDEPENDENT OF THE COMMISSION AND COMMISSION STAFF ; AND 29 | |
| 423 | - | ||
| 424 | - | (II) AN ANALYSIS OF WHET HER ADDITIONAL REVIE WS AND 30 | |
| 425 | - | REPORTS, INCLUDING THOSE EVAL UATING THE EFFECTIVE NESS OF THE 31 | |
| 426 | - | COMMISSION’S INTERNAL CONTROLS OVER FINANCES , OPERATIONS, AND 32 | |
| 427 | - | COMPLIANCE ACTIVITIE S, WOULD HELP ACHIEVE T HE DUTIES OF THE OFFICE. 33 10 HOUSE BILL 1195 | |
| 428 | - | ||
| 429 | - | ||
| 430 | - | ||
| 431 | - | (B) (1) THE OFFICE SHALL SUBMIT T HE RESULTS OF THE PEER REVIEW 1 | |
| 432 | - | CONDUCTED UNDER SUBS ECTION (A) OF THIS SECTION TO : 2 | |
| 433 | - | ||
| 434 | - | (I) THE COUNTY COUNCILS OF MONTGOMERY COUNTY AND 3 | |
| 435 | - | PRINCE GEORGE’S COUNTY; 4 | |
| 436 | - | ||
| 437 | - | (II) IN ACCORDANCE WITH § 2–1257 OF THE STATE 5 | |
| 438 | - | GOVERNMENT ARTICLE, THE MEMBERS OF THE MONTGOMERY COUNTY AND 6 | |
| 439 | - | PRINCE GEORGE’S COUNTY DELEGATIONS TO THE GENERAL ASSEMBLY; AND 7 | |
| 440 | - | ||
| 441 | - | (III) THE COMMISSION. 8 | |
| 442 | - | ||
| 443 | - | (2) THE COMMISSION SHALL PUBL ISH EACH PEER REVIEW 9 | |
| 444 | - | CONDUCTED UNDER THIS SECTION ON THE COMMISSION’S WEBSITE. 10 | |
| 445 | - | ||
| 446 | - | 25–504. 11 | |
| 447 | - | ||
| 448 | - | (a) The Commission: 12 | |
| 449 | - | ||
| 450 | - | (1) may provide for the billing and collection of the water and sewer usage 13 | |
| 451 | - | charges on an estimated basis for periods of 6 months or less, based on the historical daily 14 | |
| 452 | - | average consumption calculated from actual previous usage; 15 | |
| 453 | - | ||
| 454 | - | (2) shall read the meter at least once every 6 months; and 16 | |
| 455 | - | ||
| 456 | - | (3) (i) shall base the final bill for the 6–month period on the actual 17 | |
| 457 | - | consumption adjusted by previous estimates, if the meter had not been read because it was 18 | |
| 458 | - | inaccessible; 19 | |
| 459 | - | ||
| 460 | - | (ii) shall base the final bill for the 6–month period on the historical 20 | |
| 461 | - | daily average consumption, calculated from actual previous usage, if a final reading cannot 21 | |
| 462 | - | be made because: 22 | |
| 463 | - | ||
| 464 | - | 1. the meter malfunctioned; 23 | |
| 465 | - | ||
| 466 | - | 2. the meter had been taken out of service for repairs, 24 | |
| 467 | - | maintenance, or water system relining purposes; or 25 | |
| 468 | - | ||
| 469 | - | 3. there was theft of service; 26 | |
| 470 | - | ||
| 471 | - | (iii) may modify the historical daily average consumption calculation 27 | |
| 472 | - | based on appropriate evidence submitted by the owner; [and] 28 | |
| 473 | - | HOUSE BILL 1195 11 | |
| 474 | - | ||
| 475 | - | ||
| 476 | - | (iv) MAY NOT LIMIT HOW FR EQUENTLY A CUSTOMER MAY 1 | |
| 477 | - | RECEIVE AN ADJUSTMENT UNDER § 3.20.040(A) OR (B) OF THE WASHINGTON 2 | |
| 478 | - | SUBURBAN SANITARY COMMISSION CODE OF REGULATIONS; AND 3 | |
| 479 | - | ||
| 480 | - | (V) may not base a final bill on estimated usage for two consecutive 4 | |
| 481 | - | 6–month periods. 5 | |
| 482 | - | ||
| 483 | - | (b) (1) (I) The Commission shall bill for the amount of water and sewer 6 | |
| 484 | - | usage charges to each property served monthly, every other month, OR four times a year, 7 | |
| 485 | - | [or twice a year,] as the Commission determines. 8 | |
| 486 | - | ||
| 487 | - | (II) 1. IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT 9 | |
| 488 | - | THE COMMISSION SHALL BILL ON A MONTHLY BASIS FIXED PERIODIC BASIS , SUCH 10 | |
| 489 | - | AS MONTHLY OR QUARTE RLY BILLING, WITHOUT THE USE OF E STIMATED BILLING . 11 | |
| 490 | - | ||
| 491 | - | 2. SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY 12 | |
| 492 | - | NOT BE CONSTRUED TO ENDORSE ANY PARTICUL AR TECHNOLOGY OR APP ROACH TO 13 | |
| 493 | - | IMPLEMENTING THE INT ENT OF THE GENERAL ASSEMBLY. 14 | |
| 494 | - | ||
| 495 | - | (2) On receipt each bill is payable to the Commission. 15 | |
| 496 | - | ||
| 497 | - | (H) ON OR BEFORE NOVEMBER 1, 2026, AND EACH YEAR THEREA FTER, THE 16 | |
| 498 | - | COMMISSION SHALL REPO RT TO THE COUNTY COU NCILS FOR MONTGOMERY 17 | |
| 499 | - | COUNTY AND PRINCE GEORGE’S COUNTY THE TOTAL NUMB ER OF CUSTOMERS IN 18 | |
| 500 | - | THE IMMEDIATELY PREC EDING YEAR THAT REPO RTED BILLS EXCEEDING THE 19 | |
| 501 | - | LIMITS FOR HIGH BILL ADJUSTMENTS UNDER TH E WASHINGTON SUBURBAN 20 | |
| 502 | - | SANITARY COMMISSION CODE OF REGULATIONS. 21 | |
| 503 | - | ||
| 504 | - | 28–102. 22 | |
| 505 | - | ||
| 506 | - | THE COMMISSION SHALL APPO INT A REPRESENTATIVE TO SERVE ON T HE 23 | |
| 507 | - | COORDINATING COMMITT EE ESTABLISHED UNDER PART IV OF THE 1984 AVENEL 24 | |
| 508 | - | FARM DEVELOPMENT PLAN MASTER AGREEMENT SIGNED BY T HE COMMISSION. 25 | |
| 509 | - | ||
| 510 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 26 | |
| 511 | - | ||
| 512 | - | (a) The Washington Suburban Sanitary Commission shall study the feasibility of 27 | |
| 513 | - | using differential rates among different customer classes for the Commission’s service rates 28 | |
| 514 | - | and charges, including studying the revenue possibilities of and economic impact on the 29 | |
| 515 | - | different customer classes. 30 | |
| 516 | - | ||
| 517 | - | (b) On or before October 1, 2026, the Commission shall report its findings and 31 | |
| 518 | - | recommendations, including any recommended statutory changes, to the members of the 32 | |
| 519 | - | Montgomery County and Prince George’s County delegations to the General Assembly, in 33 | |
| 520 | - | accordance with § 2–1257 of the State Government Article. 34 12 HOUSE BILL 1195 | |
| 521 | - | ||
| 522 | - | ||
| 523 | - | ||
| 524 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 1 | |
| 525 | - | ||
| 526 | - | (a) The Director of the Montgomery County Department of Environmental 2 | |
| 527 | - | Protection, or the Director’s designee, shall become a member of the Washington Suburban 3 | |
| 528 | - | Sanitary Commission beginning on the date that the term expires for one of the next two 4 | |
| 529 | - | commissioners from Montgomery County whose terms expire after October 1, 2025. 5 | |
| 530 | - | ||
| 531 | - | (b) In accordance with subsection (a) of this section, the County Executive of 6 | |
| 532 | - | Montgomery County shall determine whi ch commissioner term shall apply as the 7 | |
| 533 | - | beginning of the term for the Director of the Montgomery County Department of 8 | |
| 534 | - | Environmental Protection, or the Director’s designee, to serve as a member of the 9 | |
| 535 | - | Commission. 10 | |
| 536 | - | ||
| 537 | - | SECTION 3. AND BE IT FURTHER ENACTED, That : 11 | |
| 538 | - | ||
| 539 | - | (a) (1) On or before November 1, 2025, the Washington Suburban Sanitary 12 | |
| 540 | - | Commission shall report to the General Assembly, in accordance with § 2–1257 of the State 13 | |
| 541 | - | Government Article, on procedural changes that are being developed and finalized to 14 | |
| 542 | - | enhance the customer engagement process for customers that receive high bills. 15 | |
| 543 | - | ||
| 544 | - | (2) On or before November 1, 2026, the Commission shall report to the 16 | |
| 545 | - | General Assembly, in accordance with § 2–1257 of the State Government Article, on the 17 | |
| 546 | - | full implementation of the procedural changes described under paragraph (1) of this 18 | |
| 547 | - | subsection. 19 | |
| 548 | - | ||
| 549 | - | (b) The Commission shall: 20 | |
| 550 | - | ||
| 551 | - | (1) publish the procedural changes reported under subsection (a) of this 21 | |
| 552 | - | section on the Commission’s website; and 22 | |
| 553 | - | ||
| 554 | - | (2) include information on the procedural changes in customer notification 23 | |
| 555 | - | letters. 24 | |
| 556 | - | ||
| 557 | - | SECTION 4. AND BE IT FURTHER ENACTED, That: 25 | |
| 558 | - | ||
| 559 | - | (a) Notwithstanding recognition by the General Assembly that the authority for 26 | |
| 560 | - | the Washington Suburban Sanitary Commission to consider an ad valorem tax in 27 | |
| 561 | - | accordance with § 22–112 of the Public Utilities Article has never been used by the 28 | |
| 562 | - | Commission and that the Commission has no intention of imposing an ad valorem tax, the 29 | |
| 563 | - | Commission shall work with the State Department of Assessments and Taxation and, as 30 | |
| 564 | - | necessary, other stakeholders, including Montgomery County and Prince George’s County, 31 | |
| 565 | - | to assess the ad valorem taxes necessary to support the Commission’s debt solely for the 32 | |
| 566 | - | purpose of compliance with this section. 33 | |
| 567 | - | ||
| 568 | - | (b) (1) On or before December 1, 2026, the Commission shall report the 34 | |
| 569 | - | assessment under subsection (a) of this section to the county councils of Montgomery 35 HOUSE BILL 1195 13 | |
| 570 | - | ||
| 571 | - | ||
| 572 | - | County and Prince George’s County and the members of the Montgomery County and 1 | |
| 573 | - | Prince George’s County delegations to the General Assembly, in accordance with § 2–1257 2 | |
| 574 | - | of the State Government Article. 3 | |
| 575 | - | ||
| 576 | - | (2) In the report submitted under paragraph (1) of this subsection, the 4 | |
| 577 | - | Commission may, solely for the purpose of compliance with this section, show additional ad 5 | |
| 578 | - | valorem possibilities based on factors such as the level of debt service it can support or 6 | |
| 579 | - | economic conditions. 7 | |
| 580 | - | ||
| 581 | - | SECTION 5. AND BE IT FURTHER ENACTED, That: 8 | |
| 582 | - | ||
| 583 | - | (a) The Washington Suburban Sanitary Commission shall hire a consultant to 9 | |
| 584 | - | conduct, in consultation with the Department of Legislative Services, an independent 10 | |
| 585 | - | evaluation of the efficiency and sustainability of the Commission. 11 | |
| 586 | - | ||
| 587 | - | (b) The independent evaluation conducted under subsection (a) of this section 12 | |
| 588 | - | shall include: 13 | |
| 589 | - | ||
| 590 | - | (1) a review of the Commission’s budgetary process, including the annual 14 | |
| 591 | - | setting of rates through the relevant county councils; 15 | |
| 592 | - | ||
| 593 | - | (2) a review of the Commission’s process for entering into consent decrees; 16 | |
| 594 | - | and 17 | |
| 595 | - | ||
| 596 | - | (3) a review of the role the Public Service Commission plays in oversight of 18 | |
| 597 | - | the Commission, including in the Public Service Commission’s review of the reasonableness 19 | |
| 598 | - | of any rate, charge, or assessment done in accordance with § 25–105 of the Public Utilities 20 | |
| 599 | - | Article. 21 | |
| 600 | - | ||
| 601 | - | (c) On or before October 1, 2027, the independent evaluation required under 22 | |
| 602 | - | subsection (a) of this section shall be submitted to the Commission, the county councils of 23 | |
| 603 | - | Montgomery County and Prince George’s County, and, in accordance with § 2–1257 of the 24 | |
| 604 | - | State Government Article, the General Assembly. 25 | |
| 605 | - | ||
| 606 | - | (d) The Commission shall publish the independent evaluation on the 26 | |
| 607 | - | Commission’s website. 27 | |
| 608 | - | ||
| 609 | - | SECTION 3. 6. AND BE IT FURTHER ENACTED, That: 28 | |
| 610 | - | ||
| 611 | - | (a) The Office of Program Evaluation and Government Accountability in the 29 | |
| 612 | - | Department of Legislative Services the Inspector General in the Washington Suburban 30 | |
| 613 | - | Sanitary Commission shall conduct a review of the efficiency and sustainability of the 31 | |
| 614 | - | operations of the Washington Suburban Sanitary Commission. 32 | |
| 615 | - | ||
| 616 | - | (b) The review conducted under subsection (a) of this section shall include: 33 | |
| 617 | - | 14 HOUSE BILL 1195 | |
| 618 | - | ||
| 619 | - | ||
| 620 | - | (1) a review of the statutory provisions related to the Commission, 1 | |
| 621 | - | including the Commission’s regulations, policies, and procedures; 2 | |
| 622 | - | ||
| 623 | - | (2) a review of the Commission’s budgetary process, including the annual 3 | |
| 624 | - | setting of rates through the relevant county councils; 4 | |
| 625 | - | ||
| 626 | - | (3) a review of the Commission’s process for entering into consent decrees; 5 | |
| 627 | - | ||
| 628 | - | (4) a review of the subject matter expertise of appointed commissioners; 6 | |
| 629 | - | ||
| 630 | - | (5) benchmarking with other systems across a range of operating cost 7 | |
| 631 | - | metrics related to the efficiency and sustainability of the Commission; 8 | |
| 632 | - | ||
| 633 | - | (6) (2) a review of the effectiveness of the Commission’s capital program and 9 | |
| 634 | - | its ability to maintain water and sewer distribution pipelines and processing plants that 10 | |
| 635 | - | meet asset management standards; 11 | |
| 636 | - | ||
| 637 | - | (7) (3) a study on the Commission’s use of its police force, including: 12 | |
| 638 | - | ||
| 639 | - | (i) a comparison of the size and scope of the Commission’s police 13 | |
| 640 | - | force with the police force of other utilities; and 14 | |
| 641 | - | ||
| 642 | - | (ii) whether there are more efficient approaches to water utility 15 | |
| 643 | - | security and policing; 16 | |
| 644 | - | ||
| 645 | - | (8) (4) an analysis on the impact of the Commission not being a government 17 | |
| 646 | - | entity in the context of access to government programs that provide customer water 18 | |
| 647 | - | assistance or other available funding; and 19 | |
| 648 | - | ||
| 649 | - | (9) a review of the role the Public Service Commission plays in oversight of 20 | |
| 650 | - | the Commission, including in its review of the reasonableness of any rate, charge, or 21 | |
| 651 | - | assessment done in accordance with § 25–105 of the Public Utilities Article; and 22 | |
| 652 | - | ||
| 653 | - | (10) an analysis of whether the Office of the Inspector General of the 23 | |
| 654 | - | Commission is effective in achieving the purposes of the Office, including: 24 | |
| 655 | - | ||
| 656 | - | (i) whether the Office is sufficiently independent of the Commission 25 | |
| 657 | - | and management within the Commission; and 26 | |
| 658 | - | ||
| 659 | - | (ii) whether the mandate of the Office should include additional 27 | |
| 660 | - | reviews and reports that would help achieve the purposes of the Office, including reports 28 | |
| 661 | - | on the effectiveness of internal controls over finance, operations, and compliance activities 29 | |
| 662 | - | ||
| 663 | - | (5) a review of the Commission’s approach to coordinating road work with 30 | |
| 664 | - | other utilities and government agencies. 31 | |
| 665 | - | HOUSE BILL 1195 15 | |
| 666 | - | ||
| 667 | - | ||
| 668 | - | (c) (1) On or before October 1, 2027, the Office of Program Evaluation and 1 | |
| 669 | - | Government Accountability shall report its findings and recommendations to the 2 | |
| 670 | - | Department of Legislative Services and the members of the Montgomery County and Prince 3 | |
| 671 | - | George’s County delegations to the General Assembly, in accordance with § 2–1257 of the 4 | |
| 672 | - | State Government Article. 5 | |
| 673 | - | ||
| 674 | - | (2) The Department shall conduct a review of the report submitted under 6 | |
| 675 | - | paragraph (1) of this subsection and report its findings to the General Assembly, in 7 | |
| 676 | - | accordance with § 2–1257 of the State Government Article, on or before October 1, 2028. 8 | |
| 677 | - | ||
| 678 | - | SECTION 4. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
| 679 | - | October 1, 2025. Section 2 of this Act shall remain effective for a period of 1 year and 1 10 | |
| 680 | - | month and, at the end of October 31, 2026, Section 2 of this Act, with no further action 11 | |
| 681 | - | required by the General Assembly, shall be abrogated and of no further force and effect. 12 | |
| 682 | - | Section 3 of this Act shall remain effective for a period of 2 years and 1 month and, at the 13 | |
| 683 | - | end of October 31, 2027, Section 3 of this Act, with no further action required by the General 14 | |
| 684 | - | Assembly, shall be abrogated and of no further force and effect. 15 | |
| 685 | - | ||
| 686 | - | ||
| 687 | - | ||
| 688 | - | ||
| 689 | - | Approved: | |
| 690 | - | ________________________________________________________________________________ | |
| 691 | - | Governor. | |
| 692 | - | ________________________________________________________________________________ | |
| 693 | - | Speaker of the House of Delegates. | |
| 694 | - | ________________________________________________________________________________ | |
| 695 | - | President of the Senate. | |
| 386 | + | SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 387 | + | October 1, 2025. Section 2 of this Act shall remain effective for a period of 1 year and 1 2 | |
| 388 | + | month and, at the end of October 31, 2026, Section 2 of this Act, with no further action 3 | |
| 389 | + | required by the General Assembly, shall be abrogated and of no further force and effect. 4 | |
| 390 | + | Section 3 of this Act shall remain effective for a period of 2 years and 1 month and, at the 5 | |
| 391 | + | end of October 31, 2027, Section 3 of this Act, with no further action required by the General 6 | |
| 392 | + | Assembly, shall be abrogated and of no further force and effect. 7 |